California  |  Landlord & Tenant Law

Legal Question

Asked on: 2/03/10, 3:06 pm

Hi, I am a business and have a rental agreement until 8/2010. Towards the end of last year I have been only making partial payments because my business sales has been down. I asked my landlord to reduce my rent and he has refused. I owe $13000 which includes my February rent.

My busiest times are next week and in May and I feel I will be able to catch up. They are serving me a three day notice this Friday. They say they will work with me but never give me any options but pay in full on time.

How long can I stay in the store before they bring the police (or whatever they do) to evict me.

I have used all my saving and credit cards to get me this far.

Thanks for your help.

Sharon

2 Answers


Answered on: 2/08/10, 3:16 pm by Roy Hoffman

After the 3-day notice expires, the landlord will have to file a lawsuit. You will be served with a Summons and Complaint in unlawful detainer. Once served you have 5 days to respond to the Summons and Complaint by filing an answer.

(a) If you fail to file an answer the landlord will ask the court to enter your default and a default judgment against you. Once the court issues its judgment, the sheriff or process server will seve what is known as a "Writ of Possession" on you. You will then have 5 days, excluding Saturdays, Sundays, and holidays within which to vacate the premises. At the expiration of that 5 day period the sheriff will arrive at your door and remove you from possession.

(b) If you file an answer within the 5 day period after being served with the Summons and complaint, a trial date will be set either at the landlord's request or by the court (depending upon what county your business is in). Unlawful detainer trials are generally set no more than 30-60 days after an answer has been filed.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of Roy A. Hoffman PO Box 8170 Moreno Valley, CA 92552

Other answers from this attorney

Answered on: 2/08/10, 3:37 pm by Daniel Bakondi

Do you run a flower shop? It depends on how hard they push, but you also dont want to spend money fighting the inevitable. I could make a call to the landlord at a very reasonable rate and maybe buy you some time.

Best,

Daniel Bakondi, Esq. danielbakondi@yahoo.com 415-450-0424

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


The Law Office of Daniel Bakondi 870 Market Street, Suite 1157 San Francisco, CA 94102

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search